On behalf of the Wireless Innovation Alliance, innovators, technology companies, rural wireless broadband providers, consumer groups and think tanks, we thank the House Subcommittee on Communications, Technology and the Internet for its efforts today to address legislation that frees up spectrum to fuel the wireless communications revolution.

We share the goals of both parties, clearly expressed today, to advance wireless broadband service which we strongly believe will spur private investment, and create jobs.

We do remain very concerned, however, that the version passed out of the Subcommittee does not adequately safeguard the FCC’s authority to protect and preserve unlicensed spectrum in the broadcast bands.

“Beachfront” spectrum calls for at least the possibility of some public beaches that can be used by all. We remain committed to working with Members and staff to develop a tailored approach that clarifies the Commission’s ability to allow for unlicensed operations in the broadcast bands, and thereby unlock the next generation of innovation in the communications sector.

The nationwide LTE network for Police and Fire would be paid for by auctioning off unused television frequencies (“incentive auctions”).

There are basically two pieces to incentive auctions:

Smaller broadcasters might vacate their dedicated channel and co-habitate on a digitial subchannel on a competitor’s channel.

Currently unused television channels “white spaces” would be sold to the highest bidder (probably big telcos).

The main difference between the bills lies in the treatment of unlicensed spectrum.

The Eshoo/Waxman bill allows for the FCC to conduct incentive auctions, giving television broadcasters an incentive to sell their spectrum and cohabitate with competitors on a “dot” channel.

Walden’s bill requires that any auctioned spectrum be used for licensed purposes only.

In the end, Walden’s JOBS bill passed a key House Communications Subcommittee vote today. Rep. Anna Eshoo (D-Calif.) said she would have preferred Walden to work with her and other subcommittee Democrats on the creation of unlicensed spectrum, auction bidding rules and the governance model. Walden’s bill provides only $5 billion in funding for the deployment of a first responder LTE network.

On the other side of Capitol Hill, the Senate Commerce Committee overwhelming approved S.911, which would reallocate the D Block to public safety and provide $12 billion in funding for deployment of a nationwide LTE network.

It appears shared public/private service on the 700 MHz band is dead.

Cheap, ubiquitous, broadband on tv frequencies may also be killed with Walden’s legislation. His bill would ban unlicensed white spaces, boosting auction prices to (partially) pay for the nationwide police network. It’s good news for contractors like Motorola. Bad news for consumers.